To provide a structure having a photonic crystal that can display a reflection function using GR even when a refractive index difference between a photonic crystal layer and a cladding layer adjacent thereto is not sufficient and a surface-emitting laser using the structure. The structure includes a photonic crystal layer including a first member of a flat shape and plural pillars arrayed two-dimensionally periodically on the first member. The photonic crystal layer is formed of a first material having a first refractive index. A low refractive index layer formed of a second material having a second refractive index lower than the first refractive index is adjacent to the photonic crystal layer. A relative refractive index difference between the first refractive index and the second refractive index is not less than 0.04 and does not exceed 0.13. The height of the pillars with respect to the thickness of the photonic crystal layer is not less than 0.10t and does not exceed 0.07t.