1. A moving image encoding device comprising:
an encoding controlling unit (1) for specifying a coding block having a maximum size for a coding process and a number of hierarchical layers for hierarchically dividing the maximum-sized coding block, and for selecting a coding mode to be applied to individual coding blocks that are obtained by hierarchically dividing the maximum-sized coding block until reaching an upper limit of the number of hierarchical layers;
a prediction image generating unit (3, 4, 5) for generating an intra prediction image or an inter prediction image by performing, based on the selected coding mode, an intra prediction or an inter prediction on the individual coding blocks;
a transformation unit (7) for generating compressed data of a difference image between an input image and the intra prediction image or the inter prediction image by transforming the difference image; and
a variable length encoding unit (13) for generating coded data by performing a variable length coding on the coding mode of the coding block and an intra prediction parameter used for generating a prediction image by performing an intra prediction on a partition in the coding block,
wherein,
the variable length encoding unit (13) performs a variable length coding on an intra merge flag indicating whether or not said intra prediction parameter for said partition is identical to an intra prediction parameter for an adjacent partition located to top or left of said partition,
when there are two or more adjacent partitions located above or to the left of said partition, a first partition in a direction away from top left of said partition is regarded as said adjacent partition,
when said intra prediction parameter for said partition is identical to an intra parameter for said adjacent partition located to top or left of said partition, said variable length encoding unit (13) generates an intra merge direction specifying one of adjacent

partitions located above and to the left of said partition of which intra prediction parameter is identical to said intra prediction parameter, and
when said intra prediction parameter for said partition is not identical to an intra prediction parameter for an adjacent partition located above or to the left of said partition, said variable length coding unit (13) performs a coding on said intra prediction parameter for said partition.
2. A moving image decoding device comprising:
a variable length decoding unit (21) for performing a variable length decoding on coded data to obtain a maximum size of a coding block and a number of hierarchical layers of the coding block, and for performing a variable length decoding on coded data of coding blocks hierarchically divided until reaching an upper limit of the number of hierarchical layers to obtain compressed data and a coding mode applied to each of the coding blocks;
a prediction image generating unit (22, 23, 24) for generating an intra prediction image or an inter prediction image by performing, based on the obtained coding mode, an intra prediction or an inter prediction on the individual coding blocks; and
an inverse transformation unit (25) for outputting a decoded prediction difference signal by performing an inverse transformation process on the compressed data,
wherein,
when there are two or more adjacent partitions located above or to the left of said partition, a first partition in a direction away from top left of said partition is regarded as said adjacent partition,
the variable length decoding unit (21) decodes an intra merge flag indicating whether or not said intra prediction parameter for said partition is identical to an intra prediction parameter for an adjacent partition located to top or left of said partition,
when said intra prediction parameter for said partition is identical to an intra parameter for said adjacent partition located to top or left of said partition, said variable length decoding unit (21) decodes an intra merge direction specifying one of adjacent partitions located above and to the left of said partition of which intra prediction parameter

is identical to said intra prediction parameter, and
when said intra prediction parameter for said partition is not identical to an intra prediction parameter for an adjacent partition located above or to the left of said partition, said variable length decoding unit (21) decodes an intra prediction parameter for said partition.