To provide a protecting apparatus improved in assembling work inside a battery, and the battery using it.

The protecting apparatus is provided with: a thermal element 2 having first and second connecting terminals 12 and 13 and switching conduction/non-conduction between the first and the second connecting terminals 12 and 13; and a tabular insulating spacer 1 having a through part 1b communicating from a top surface to a bottom surface, and engaging with the thermal element 2. A first outside connection part 12b is formed by having a main body of the thermal element 2 positioned in the through part 1b, having parts of the first and the second connecting terminals 12 and 13 integrally held by being imbedded to the insulating spacer 1 and exposing the first connecting terminal 12 to one of the top surface or the bottom surface of the insulating spacer 1 and a second outside connecting part 13b is formed by exposing a second connecting terminal 13 on the other side facing it.