The question of residence belongs to the judgment of facts and the social positivism is one of the most important research methods to study it. The cases relating to the residence in the judicial practice can be divided into four types, such as demolition resettlement type, public housing rental type, divorce helping type, and family and relative type. For the absence of legislation, the question of residence in fact becomes a right of judicial creation where exists many controversies in the judicial application and may be greatly affected by the judge’s discretion.