A nitride based semiconductor device includes: an n-type cladding layer; an n-type GaN based guide layer placed on the n-type cladding layer; an active layer placed on the n-type GaN based guide layer; a p-type GaN based guide layer placed on the active layer; an electron block layer placed on the p-type GaN based guide layer; a stress relaxation layer placed on the electron block layer; and a p-type cladding layer placed on the stress relaxation layer, and the nitride based semiconductor device alleviates the stress occurred under the influence of the electron block layer, does not affect light distribution by the electron block layer, reduces threshold current, can suppress the degradation of reliability, can suppress degradation of the emitting end surface of the laser beam, can improve the far field pattern, and is long lasting, and fabrication method of the device is also provided.