A moving picture encoding device that partitions a first block, which is obtained by partitioning each picture, into one or more second blocks and encodes a moving picture using inter prediction, comprising: a first prediction information derivation unit configured to perform a derivation process of one or more first inter prediction information candidates from inter prediction information of one or more 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 one or more prediction information candidates in the prediction information candidate list, and configured to determine an index indicating inter prediction information to be used for inter prediction of the second block subject to encoding; 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 the first prediction information derivation unit performs the derivation process of the first inter prediction information candidate without referring to encoding information of a fifth block included in a block identical to the first block including the second block subject to encoding, and wherein, in a partition mode where the first block is partitioned into an upper block and a lower block arranged vertically, in a ratio of 1:3, the second prediction information derivation unit performs the derivation process of the second inter prediction information candidate on the basis of a reference index by setting the value of the reference index to a default value, without referring to encoding information of the fifth block included in a block identical to the first block including the second block subject to encoding. a first prediction information derivation unit configured to perform a derivation process of one or more first inter prediction information candidates from inter prediction information of one or more 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 one or more prediction information candidates in the prediction information candidate list, and configured to determine an index indicating inter prediction information to be used for inter prediction of the second block subject to encoding; 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 the first prediction information derivation unit performs the derivation process of the first inter prediction information candidate without referring to encoding information of a fifth block included in a block identical to the first block including the second block subject to encoding, and wherein, in a partition mode where the first block is partitioned into an upper block and a lower block arranged vertically, in a ratio of 1:3, the second prediction information derivation unit performs the derivation process of the second inter prediction information candidate on the basis of a reference index by setting the value of the reference index to a default value, without referring to encoding information of the fifth block included in a block identical to the first block including the second block subject to encoding.