[abstract] a merging motion information candidate list construction unit 162 generates a merging motion information candidate list, which is a list of merging motion information candidate, using a spatial merging motion information candidate and a temporal merging motion information candidate. a second merging motion information candidate supplying unit 165 generates a new merging motion information candidate including, if a reference index indicates an available reference picture, the reference index does not indicate an available reference picture, a predetermined reference index along with a motion vector having a size and direction that are preset and adding the new merging motion information candidate to the merging motion information candidate list. a merging motion information selection unit 141 selects one merging motion information candidate from the merging motion information candidate list to which the new merging motion information candidate has been added and derives the selected merging motion information candidate as motion information of a prediction block subject to coding. "motion picture coding device, motion picture coding method, motion picture coding program, motion picture decoding device, motion picture decoding method and program" decoding image ". Confluent Motion Information Candidate List Building Unit 162 that generates a candidate list that uses a spatial confluent motion information candidate and a temporal confluent motion information candidate. a second confluent motion information candidate supply unit 165 generates a new candidate which includes, if a reference index indicates an available reference representation, the reference index and, if not, a predetermined reference index along with a vector of movement that has a size and direction that are preset and adds the new candidate to the confluent movement information candidate list. a confluent motion information selection unit 141 selects a candidate from the list to which the new candidate has been added and derives the selected candidate as motion information from a prediction block submitted for coding.
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