The invention provides an anode capable of inhibiting collapse of a shape of an anode active material layer and a side reaction with an electrolyte in accordance with the collapse, and inhibiting reduction in a battery capacity, and a battery using it. The anode comprises an anode current collector and the anode active material layer. The anode active material layer has a first layer containing Sn and a second layer containing an element other than Sn capable of electrochemically inserting and extracting Li. A component element of the anode current collector is preferably diffused in both the first layer and the second layer.