An object of the present invention is to provide an EL element, which is with a problem of the EL layer deterioration caused at the time of forming a cathode layer on an EL layer resolved, and without the decline of the original functions; and a production method suitable for producing such an EL element. The object has been achieved by providing an EL element having a lamination structure with an anode layer, an EL layer, a charge transporting protection layer and a cathode layer formed in this order on a substrate, and by using a hole transporting material such as TPD for the charge transporting protection layer.