A magnetic recording medium is provided, which has recording layers having concavo-convex patterns formed on both sides of a substrate and can easily distinguish one face from the other face. A magnetic recording and reproducing apparatus having the magnetic recording medium is also provided. The magnetic recording medium includes a substrate, a first recording layer formed in a first concavo-convex pattern on a side of a first face, and a second recording layer formed in a second concavo-convex pattern on a side of a second face. The magnetic recording medium also includes a distinction element which can distinguish the first face from the second face. At least part of the distinction element is disposed in a non-recording area adjacent to at least one of an inner part and an outer part of a recording area in a radial direction.