The present invention provides a surface emitting laser having a novel structure which eliminates necessity to provide a low refractive index medium at an interface of a photonic crystal layer on the side of a substrate. A multilayer mirror (1300), an active layer (1200), and a refractive index periodic structure layer (1020) whose refractive index changes periodically are laminated in a direction perpendicular to a substrate (1500). The refractive index periodic structure layer is structured so as to separate a light having a wavelength λ perpendicularly incident on the refractive index periodic structure into at least a transmitted light and a diffracted light. The multilayer mirror is structured so as to have a reflectance with regard to the diffracted light higher than a reflectance with regard to the transmitted light. A resonant mode is realized within a waveguide including the refractive index periodic structure layer and the multilayer mirror.