Abstract: The right of residence has both social security and economic function, which provides a rational choice for preventing and reducing the ethical risk of home-based care, along with realizing the goal of "ensuring old-age support and residence". In judicial practice, the usufruct of sojourn-based care for the elderly was handled differently from the residence right. The relationship of residence right can be established by admitting the formation of facts or court decisions. In order to fill the gap in the protection of rights and interests, the expected interests of the elderly's residence right should be protected. Meanwhile, the rules of private law should be transformed into the public law protection, which explicitly includes the residence right in the protection scope of the elderly's rights and interests protection law, and punishing violations of the elderly's residential rights and interests.