A moving picture encoding device that partitions a first block, which is obtained by partitioning each picture, into second blocks and encodes a moving picture using inter prediction, comprising: a first prediction information derivation unit configured to perform a derivation process of first inter prediction information candidates from inter prediction information of third blocks in a proximity of a second block subject to encoding in a picture subject to encoding; a second prediction information derivation unit configured to perform a derivation process of a second inter prediction information candidate from inter prediction information of a fourth block at a position identical to or in a proximity of the second block subject to encoding in a picture different from the picture subject to encoding; a candidate list construction unit configured to construct a prediction information candidate list comprising a prediction information candidate to which, in case that the first inter prediction information candidate is derived, the derived first inter prediction information candidate is added, and in case that the second inter prediction information candidate is derived, the derived second inter prediction information candidate is added, respectively; a selection unit configured to select a candidate of inter prediction information to be used for inter prediction of the second block subject to encoding from the prediction information candidates in the prediction information candidate list, and configured to determine an index indicating inter prediction information; and an encoding unit configured to encode the index indicating inter prediction information to be used for the inter prediction of the second block subject to encoding, wherein in a partition mode where the first block is partitioned into an upper block and a lower block arranged vertically, when the second block subject to encoding is the lower block, the first prediction information derivation unit performs the derivation process of the first inter prediction information candidate from coding information of blocks adjacent to a left edge, an upper right edge, a lower left edge, or an upper left edge of the second block subject to encoding without referring to coding information of a fifth block adjacent to an upper edge of the second block subject to encoding, and wherein the second prediction information derivation unit performs the derivation process of the second inter prediction information candidate on a basis of a reference index of the second inter prediction information candidate which is set to a default value. a first prediction information derivation unit configured to perform a derivation process of first inter prediction information candidates from inter prediction information of third blocks in a proximity of a second block subject to encoding in a picture subject to encoding; a second prediction information derivation unit configured to perform a derivation process of a second inter prediction information candidate from inter prediction information of a fourth block at a position identical to or in a proximity of the second block subject to encoding in a picture different from the picture subject to encoding; a candidate list construction unit configured to construct a prediction information candidate list comprising a prediction information candidate to which, in case that the first inter prediction information candidate is derived, the derived first inter prediction information candidate is added, and in case that the second inter prediction information candidate is derived, the derived second inter prediction information candidate is added, respectively; a selection unit configured to select a candidate of inter prediction information to be used for inter prediction of the second block subject to encoding from the prediction information candidates in the prediction information candidate list, and configured to determine an index indicating inter prediction information; and an encoding unit configured to encode the index indicating inter prediction information to be used for the inter prediction of the second block subject to encoding, wherein in a partition mode where the first block is partitioned into an upper block and a lower block arranged vertically, when the second block subject to encoding is the lower block, the first prediction information derivation unit performs the derivation process of the first inter prediction information candidate from coding information of blocks adjacent to a left edge, an upper right edge, a lower left edge, or an upper left edge of the second block subject to encoding without referring to coding information of a fifth block adjacent to an upper edge of the second block subject to encoding, and wherein the second prediction information derivation unit performs the derivation process of the second inter prediction information candidate on a basis of a reference index of the second inter prediction information candidate which is set to a default value.