The invention discloses a photoelectric element-packaging structure with an electrostatic protection function, which comprises a shell, a lead frame, a light-emitting diode, a Zener diode and a sealing layer. The lead frame is inserted in the shell, and comprises a first electrode part and a second electrode part. The first electrode part comprises a first fixed bare sheet seat and a second fixedbare sheet seat, and the second fixed bare sheet seat is lower than the first fixed bare sheet seat and the second electrode part. The light-emitting diode is fixed on the first fixed bare sheet seat, and the Zener diode is fixed on the second fixed bare sheet seat. The sealing layer is filled in the shell, and covers the light-emitting diode and the Zener diode. The invention increases the light-emitting efficiency of a photoelectric element, the packaging size of the photoelectric element is reduced, and the difficulty of the wire-soldering technique is decreased.