To solve the problem that images are conventionally omitted, when there is underflow.

A moving image encoder includes a time interval calculator 101 for calculating a first time interval needed for decoding a picture by a block number per first unit time and a second time interval which is to be equal to or shorter than the time difference between a predetermined picture time interval and the first time interval and to be 1/N (N is a natural number ≥2) of the predetermined picture time interval; an encoder 103 for calculating, as a first time, a time at which a virtual decoding buffer storage amount immediately after decoding the picture first becomes zero or more, after the picture decoding time of the present picture, when the virtual decoding buffer storage amount, immediately after decoding the picture is negative at the picture decoding time of the present picture, and for calculating a third time interval from the first time to the picture decoding time of the next picture; and an encoding controller 105 for executing control so as to encode the next picture, when the third time interval is equal to or longer than the first time interval.